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What makes for a good associate is not necessarily what makes for a good partner. The two have very different roles in a firm. I have written on this blog before about things you can do to be a better associate. Let me sum it up for you like this: a good associate works diligently, knows […]

ML Healthcare Services, LLC v. Publix Super Markets, Inc. [No. 15-13851 Feb. 7, 2018] ___ F.3d ___ (11th Cir. 2018): Evidence of collateral source payments may be admissible to show a doctor’s bias as to his causation testimony about the treatment he provided. (download the opinion) Robin Houston sued Publix arising from an alleged slip-and-fall […]

Reinterpreting David and Goliath Just this morning, I began reading Malcolm Gladwell’s David and Goliath which begins by telling the well-known story of, you guessed it, David and Goliath. But in the book, he reframes the story. Gladwell tells us that we have been misinterpreting it. This is not the story of a small shepherd […]

If you’ve ever been zip-lining or whitewater rafting, you have likely had to sign some sort or waiver or release. Did you stop to wonder whether it’s enforceable if you were to get hurt? Would you actually have signed away your rights to make a claims against someone? As with all good legal questions, the […]

I was on the phone with an insurance adjuster when she said to me, you’re not going to believe the case evaluation this lawyer down in [another part of the state] gave me. Now, I have a policy of not speaking badly of my competition, so it appeared that I was about to be entering […]

Every day you have tasks that have to be completed. Most of them are not charming or glamorous, but carry some importance nonetheless. There are going to be times when you can barely stomach the idea of writing another report or making another phone call. It can be helpful to reframe those tasks in a […]

In early March 2018, I flew from Birmingham to Minneapolis, where I rented a vehicle from a certain rental company that shares a name with a historic Texas landmark. Then I drove to Wisconsin. The next day I drove back to Minneapolis and returned my rental car. I took the tram to the terminal where […]

Law firms should base their case budgeting processes on real numbers that better enable clients to manage litigation costs and set reserves. Undoubtedly, litigation budgets can change during the course of litigation, but attorneys need to notify their clients as soon as practicable of expected upticks in case expenses and necessary budget increases. Too often, […]

There are a disproportionate percentage of lawyers are technologically illiterate. The world around us is evolving with increasing rapidity, but many lawyers and law firms are behind the times and making no concerted effort to catch up. In this month’s article in the ABA Journal “Your Voice” feature, I offer three things you must not […]

[Setting: A rural, conservative gem of a county in middle Alabama. Plaintiff’s counsel is with one of the more well known personal injury firms in Alabama. The plaintiff himself is a dullard of a fellow, who poses me no danger of charming the jury. The judge is a charismatic guy who is wisely using this […]